Article 4 - Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Explanations relating to the Charter of Fundamental Rights

The right in Article 4 is the right guaranteed by Article 3 of the ECHR, which has the same wording: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment". By virtue of Article 52(3) of the Charter, it therefore has the same meaning and the same scope as the ECHR Article.

Source:

Official Journal of the European Union C 303/17 - 14.12.2007

Comment:

These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

This Regulation implements Regulation (EC) No 1236/2005 by imposing ‘a prohibition on exports of goods which have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment and controls on exports of certain goods that could be used for such purpose.’ (Preamble) In particular it adds to ‘the list of goods subject to trade restrictions to prevent the use of certain medicinal products for capital punishment and to ensure that all Union exporters of medicinal products are subject to uniform conditions in this regard.’ (Preamble)

on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted

This directive includes within its definition of ‘serious harm’ reference to the threat of torture or inhuman or degrading treatment or punishment of an applicant in the country of origin as necessitating ‘subsidiary protection’ (article 15).

Member States also shall ‘provide, under the same eligibility conditions as nationals of the Member State that has granted protection, adequate healthcare, including treatment of mental disorders when needed, to beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.’ (article 30(2))

on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA

This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child pornography and solicitation of children for sexual purposes. It also introduces provisions to strengthen the prevention of those crimes and the protection of the victims thereof. (article 1)

on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA

This directive holds that ‘factors that could be taken into account when assessing the vulnerability of a victim include, for example, gender, pregnancy, state of health and disability. When the offence is particularly grave, for example when the life of the victim has been endangered or the offence has involved serious violence such as torture, forced drug/medication usage, rape or other serious forms of psychological, physical or sexual violence, or has otherwise caused particularly serious harm to the victim, this should also be reflected in a more severe penalty.’ (Preamble)

establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice

at first reading with a view to the adoption of a Decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ Adopted by the Council on 8 March 2012

The statement of the Council’s reasons includes the following: ‘The common EU resettlement priorities for 2013 as set out in the Council's position cover persons from a country or region designated for the implementation of a Regional Protection Programme, persons belonging to a specific vulnerable group or refugees from a specific country or region. The first two sets of priorities are formulated as general ones and they draw closely on the categories set out in Article 13(3) of Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013. In comparison with Decision No 573/2007/EC the Council's position adds the following vulnerable groups to the list: survivors of violence and torture as well as persons in need of emergency resettlement or urgent resettlement for legal or physical protection needs. This addition is justified as both of these categories of persons also fall within the UNHCR resettlement priorities.’

The proposed Fund would support actions for the including ‘specific assistance for vulnerable persons such as minors, unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with minor children, victims of trafficking, persons with serious physical illnesses, mental illnesses or post-traumatic disorders, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence’ (para 79) The same aim would apply to the integration of third country nationals and those subject to return.

on the ‘Communication from the Commission to the European Parliament and the Council — the EU Counter-Terrorism Policy: main achievements and future challenges’ COM(2010) 386 final

The Committee stated that ‘The European system for the protection of human rights is legally sound and this must be reflected more clearly in the Commission’s communications and actions. National governments must display greater determination in using specific instruments. Political commitments must be reflected in governments’ actions. The practice of tolerating or carrying out torture in the Member States must be penalised and eradicated. The principle of non-refoulement must be upheld. Discriminatory practices explicitly identified and penalised in international, European and national law must be sought out and opposed.’ (para 4.5.2)

A Green Paper on the application of EU criminal justice legislation in the field of detention

This paper reiterated the obligation to uphold standards of detention across the EU Member States so as to comply with the European Convention of Human Rights and avoid unacceptable detention conditions.

Article 5 No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

Article 1 provides that the purposes of this convention include ‘to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence’.

Article 3(a) defines “violence against women” as ‘a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life’

Article 71) Inviolability of the person and of privacy is guaranteed. It may be limited only in cases specified by law.2) Nobody may be subjected to torture or to inhuman or degrading treatment or punishment.

Article 212-1 Deportation, reduction to slavery or the massive and systematic practice of summary executions, of abduction of persons followed by their disappearance, of torture or inhuman acts, inspired by political, philosophical, racial or religious motives, and organised in pursuit of a concerted plan against a group of a civil population are punished by criminal imprisonment for life. The first two paragraphs of article 132-23 governing the safety period are applicable to felonies set out under the present article.

Article 2Everyone has the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or morality. Everyone has the right to life and to physical integrity. The freedom of the person is inviolable. Intrusion on these rights may only be made pursuant to a statute.

Article 104The liberty of the individual may be restricted only by virtue of a formal statute and only in compliance with the forms prescribed therein. Detained persons may not be subjected to mental or to physical ill-treatment. (...)

Article 7(...) (2) Torture and any kind of bodily ill-treatment, injury to health, or the use of psychological pressure or any other offence against human dignity are prohibited and shall be punished according to the law.(...)

Art. 13 (...) All acts of physical and moral violence against persons subjected to restrictions of personal liberty are to be punished. (...)

Art. 27Criminal responsibility is personal. The defendant is not considered guilty until the final judgement is passed. Punishment cannot consist in inhuman treatment and must aim at the rehabilitation of the convicted person. (...)

Article 21The person of the human being shall be inviolable.The dignity of the human being shall be protected by law.It shall be prohibited to torture, injure a human being, degrade his dignity, subject him to cruel treatment as well as establish such punishments. (...)

Article 36 (1) No person shall be subjected to inhuman or degrading punishment or treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day. (3) (a) No law shall provide for the imposition of collective punishments. (b) Nothing in this subsection shall preclude the imposition of collective punishments upon the members of a disciplined force in accordance with the law regulating the discipline of that force.

139A. Any public officer or servant or any other person acting in an official capacity who intentionally inflicts on a person severe pain or suffering, whether physical or mental - (a) for the purpose of obtaining from him or a third person information or a confession; or (b) for the purpose of punishing him for an act he or a third person has committed or is suspected of having committed; or (c) for the purpose of intimidating him or a third person or of coercing him or a third person to do, or to omit to do, any act; or (d) for any reason based on discrimination of any kind, shall, on conviction, be liable to imprisonment for a term from five to nine years:

Article 18No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.

Article 21Respect for human personality and dignity shall be guaranteed in criminal and in all other legal proceedings, as well as during the deprivation of liberty and enforcement of punitive sanctions. Violence of any form on any person whose liberty has been restricted in any way is prohibited, as is the use of any form of coercion in obtaining confessions and statements.

Section 15Everyone has the right to life and to physical and moral integrity, and under no circumstances may be subjected to torture or to inhuman or degrading punishment or treatment. Death penalty is hereby abolished, except as provided for by military criminal law in times of war.

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